The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1887-03-24

lieu OF all other taxes. IN accordance with The
provisions OF the chapter hereinbefOre referred
SEC. ?. No railroad, or branch, or extension
OF a railroad i'll this state shall hereafter bt
opened for public use until the management
warehouse commission that the same is finished
and in a safe condition for operation. Within
one year after such notification the corporation
constructing and operating such railroad branch
or extension, shall file i'll the Office OF
said commission a map and profile thereof,
with table of grades, curvatures. and mileage
the road. certified by its president and engineer,
in such form as the board may prescribe.
SEC: 3. This act shall take effect and be in
force from and after its passage.
Approved March 9TH. 1887.
AN ACT requiring railway companies to build
and keep in repair highway crossings
Minnesota:
SECTION /. That all railway companies oper-
ating line or lines OF railways in this state shall
build cause 10 be built and keep in repair good
and sufficient crossings over such line or lines Of
railway at all points where any public highway
is now or may hereafter he lntersected by such
SEC 9 A good and sufficient crossing as re-
quired to be built and kept in repair as denom-
mated in section one ID Of this act shall be and
is hereby construed to be as fellows, to wit:
First-Of i grade OF earth on one or both sides
OF the railroad track as the location may require,
u grade or grades OF earth which shall extend
along such track for Il distance of not less than
thirty-two t:'2! feet, the middle point OF which,
plall he ut the middle point OF the highway, and
such grade shall be OF such slope as shall be
deemed necessary by the chairman OF the board
vi supervisors or other officer officers having
charge OF the highways III the town, district VI
village where such intersection is located.
Second-That plank shall be firmly spiked
onto and tor the full length OF the ties used in
the roadbed OF such railway, where such crossing
occurs. and such plank, when SO laid shall be no
more than one 10 inch apart, except where the
rails prevent, in which the plank next inside Of
such rail shall be no more than two and one II
2l2 inches from the inside surface of such rail.
and the thickness OF the plank so used shall he
equal to the height of the rail: that is to say. the
upper surface OF the plank shall lie on level
with the upper surface of the rail, and all such
plank shall extend along such railway the entire
width Of such highway grade.
SEC ;. 1t shall be the duty of the officer or
officers ing charge OF any public highway in
tersected by any line OF railway to serve 4
written notice upon the nearest station agent or
section foreman having charge OF that portion
OF the railway where such intersection occurs,
MAT such crossing as herein described shall be
built or repaired
SEC. 4. 1t shall be the duty OF any railway
company so receiving such notice to build or
cause to be built Il good and sufficient crossing
a. described IN section two (2) OF this act, within
period of thirty 500 days from and after re-
SEC. ). 1t shall be the duty of all railway
companies owning or operating any line OF rail-
road within the limits OF the State Of Minnesota
10 at all lines keep all pubic highways now or
hereafter crossing such line OF railroad clear Of
snow, that the same shall at all times be in u
eafe and convenient condition for travel for a
distance OF one hundred feet 900 feet each
way from the center Ut said railroad along such
highway
SEC. &. ANY railroad company which shall
NEGLECT to comply with the terms of this act
shall be liable to pay damage to the city, village
or town in which the highway is situated in the
sum OF thirty dollars $500 for such neglect, and
further sum Of ten dollars ($lO) per day for
n md COW foil
or neglects to comply with the terms of this act.
The saiue to be recovered in an action brought
IN the name Of the city, village or town as the
case may be. 1t is hereby made the duty OF the
county attorney to prosecute to Judgment any
claim arising under the foregoing provision,
without charge to the said city, village or town.
hicting with this act are hereby repealed.
SEC: s. This act shall take effect and be in
force from and after its passage.
Approved March 1th. 1887
AN ACT to provide freedom Of traffic in the
State OF Minnesota
be It enacted by the Legislature of the State OF
Minnesota:
SECTION l. All railway companies doing bust
ness in this state shall provide ample facilities
Tor transferring cars from their track to any
other joining. crossing or lntersectina railway
track, except IN special cases where the inter-
est OF the public does not demand it, and such
cases shall be determined by the railroad aud
warehouse commissioners.
SEC. =. All railway companies doing business
Ia this state shall receive and transport
freight over such route or routes as the shipper
shall direct at reasonable rates. Carload lots
shall be transferred without unloading from the
cars in which the shipments were first made
unless transferred INTO or upon the connect
ing railways cars at actual cost aud without
unreasonable delay to the shipper.
SEC: 3. When the route selected requires the
use OF the tracks of more than one railway COM
pany, the rate of transportation for the entire
distance shall not exceed the rate for an equal
distance over the tracks Of single company ex-
cept the addition of a reasonable rate Of trans
fer Where the different railroad companies
cannot agree upon the division OF the earnings
arising under this act. the board of railroad
same, taking into consideration the value OF
terminal facilities and all the circumstances of
the haul, but in no case shall the aggregate cost
to the shipper be increased; but where the sew
eral railway companies making up the through
route have different schedules Of rates over their
respective lines, the through rate shall be based
upon the average of the schedule of rates on
their respective lines
SEC: i. ANY railway company willfuly and
malicionsly refusing or neglecting to comply
with the provisions OF this act shall be fined not
more than one thousand (Sl.OOO) dollars
for the first ofense, and not less than one thou
sand dollars $1,000 for the second offense.
violate the provisions Of this act it shall bo the
duty OF the county attorney in whose county
snch offense is committed to institute pro-
COmDanV
district court, in the name and at the expense
OF the state. to enforce the provisions and pen
alties of this act.
SEC: 6. Any railway Official who willfully o,
mal1clously refuses or neClects to comply with
the provisions OF this act shall be deemed guilty
OF mlsdemeanor, and upon conviction shall be
nned not less than one thousand ISL ,OOO) dol
lars.
SEC: 2. Whenever the provisions of section
six 90 OF this act are violated, proceedings
against the offender NAV be instituted upon in
formation by the county attorney or by indict-
ment of the grand jury in the county where the
odense is committed.
SEC. 9. All fines accruing from the enforce
ment OF this act shall be covered into the state
SEC .. This act shall take effect and its
provisions shall be in force and after the first
day Of June. 1887.
Approved March 5th 1887.
AN ACT to reimburse settlers for money ex-
pended IN defending suits brought by railroad
companies against persons claiming lands en-
braced in the REIMBURSEMENT made in pursu
ance OF section 10, chapter two hundred and
one 1zOi). special Laws of One thousand eight
hundred and seventy seven.
De It enacted by the Legislature of the State OF
Minnesota:
SECTION l. That the sum Of one thousand
q hereby appropriated out of any money in the
etate Treasury properly applicable thereto and
noe otnefwlse appropriated to reimburse settlers
ing suits brought by any railroad company
against such settlers claiming lands embraced
IN the relinquishment made in pursuance OF
section ten of chapter two hundred and one of the
special Laws for the year one thousand eight
hundred and seventy-seven, the same to be paid
upon the following conditions. The settler seek.
ing to recover such money shall file in the office
OF the state auditor statement. showing the
GATE OF such suit. the description of the lands
embraced In said action and q detailed state
ment OF the money paid out as counsel fees in
making such defense. together with a statement
OF the proceedings had il such action, ali OI
which shall be verified by the affidavit OF the
person making such applications: he shall also
Me with such statement certificate of the
clerk OF the court in which such action was